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Family Law



Family law issues are usually difficult, and are met with significant emotional conflict and economic uncertainty. Our goal is to help you through this difficult time as quickly and effectively as possible. All Life Legal, P.A. can do this by anticipating issues and keeping up-to-date on trends that are important to you and your situation.

All Life Legal, P.A. will give you an accurate and honest assessment of your case so that you know what to expect through the process. We believe strongly in keeping our clients apprised of the benefits to be gained in relation to the amount of attorney’s fees you will incur in following a certain course of action so that you can make cost based decisions so that it minimizes the impact on you and your children. We want to help you resolve the situation you are in with as little expense and emotional turmoil as possible. We will advise you of your options, make a recommendation, but the choice is ultimately yours.

Each of the members of our firm have families of their own and understand the importance of an approach that takes into consideration the issues, needs and concerns of each member of the family, especially when a family is in the process of separating. All Life Legal, P.A. can assist families with divorce, timesharing, paternity, child support, pre- and post-nuptial agreements, and alimony.

Divorce

Divorce can be stressful and can have significant emotional and economic impacts on everyone involved in the family. Knowing what options are available to you can help reduce that stress by understanding what lies ahead of you. The issues typically decided during the divorce process are equitable distribution of the assets, alimony, and a parenting plan for the children (including timesharing and child support). Every divorce has a different set of facts that can impact the decision-making throughout the process, including how one will file for divorce. All Life Legal, P.A. is here to help you make the best decision for your situation, and is ready to fight aggressively for your rights when it makes sense to do so. If you are considering divorce and have questions with regards to your rights, the process, and the anticipated costs, contact All Life Legal, P.A. for a free 30 minute consultation.

Simplified Divorce
Florida provides a simplified divorce process for parties who have no children, where neither spouse is seeking alimony and you and your spouse have already agreed to how the assets and liabilities will be split. Certainly, this is the least costly of all the alternatives of divorce and often can be handled without an attorney. Even so, All Life Legal, P.A. can help advise the parties as to the procedural requirements and assist with the drafting of the paperwork necessary to affect a simplified dissolution for a minimal fee. Contact us today for a free 30 minute consultation.

Uncontested Divorce
If you do not qualify for simplified dissolution, but you and your spouse agree on everything, an uncontested divorce can help shorten the process and limit the cost to both parties. This will also have the least impact emotionally on you and your children if both parties are able to reach agreement before undertaking a marital dissolution action. The parties must agree on how property and liabilities will be divided, what, if any alimony will be paid, and custody and visitation arrangements. Child support is determined by statute, and even though the court may take into consideration other various factors, often it is the guidelines provided in the statute that sets the child support. Contact All Life Legal, P.A. today for a free 30 minute consultation to discuss your uncontested divorce.

Contested Divorce
In many divorce cases, differences manifest and prevent both parties from a smooth and cooperative divorce. If there are numerous issues to be resolved, the process can become lengthy and drawn-out making the contested divorce very costly. Unlike a simplified or uncontested divorce action, representation by an attorney becomes even more important so that your rights are protected. The court will expect that you are knowledgeable of the statutes, rules and caselaw that guide the parties through the process, and assists the court in administering and making decisions on the issues in your case.

In a contested divorce the parties will first enter mediation before any judicial intervention. If the parties are unable to reach an agreement during mediation or through a negotiated settlement agreement, the divorce matter will move to trial. Like other regular court trials, evidence will be presented and testimony will be taken in front of a judge who will determine the verdict for your divorce case. As part of the representation, All Life Legal, P.A. helps you investigate and gather information through discovery prior to the trial.

All Life Legal, P.A. understands how hard it is to get out from a marriage and we will fight hard for you and help you to move forward. We will also give you an honest assessment based on our legal experience so that you are making decisions that are in you and your children’s best interest in how the case proceeds. Contact us today to set up your free 30 minute consultation.

Limited Representation
All Life Legal, P.A. understands that divorce can be costly and that today more and more people are choosing to enter into a divorce proceeding on their own (in other words, pro se – you are choosing to represent yourself). There may be times, however, during this process where you may need assistance with a specific aspect of the case, such as a motion for temporary child support or alimony, temporary relief, or with writing the settlement agreement or proposed final order. All Life Legal, P.A. is here to help with a limited representation aimed at providing you that specific assistance. Contact us today to set up your initial consultation.

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Child Support

Child support is governed by Florida Statute where it lays out the method for calculating child support. Even though parents of children may agree on the amount of child support that will be paid, often parents are surprised when the court sets a different amount in its order for child support when the amount agreed upon is not within five percent of the guidelines. Any deviation greater than five percent must have specific findings that would allow a court to approve such a deviation.

Child support is not necessarily just a part of a marital dissolution. Couples with children who are not married can also be parties to an action for child support either via the Department of Revenue on behalf of a child who is a recipient of public benefits or from a Petition to Determine Paternity. If you are being sued for child support, you may want to seek legal advice to ensure that any child support that is ordered is appropriate in amount and to assert your rights as a parent. If you are a single parent who never married the parent of your child, contact All Life Legal, P.A. for a free 30 minute consultation to determine if you want to seek child support to help with the cost of raising your child.

In either case, child support can be retroactively awarded up to two years, if appropriate, and if the parent who owes the child support has not attempted to pay child support after separation of the parties or during the pendency of the litigation (or has paid too little in child support during that same period of time) prior to when a judgment for child support is entered, the accumulated amount of child support is considered to be an arrearage owed. Payment for the arrearage is generally ordered to be paid as a percent of the current child support award (usually 20%).

Modification of Child Support
Modification of child support can occur in Florida if there is a change in income, timesharing or expenses that would cause such support to increase or decrease by 15% or $50, whichever is greater. Nonetheless, Florida can only modify child support if it has jurisdiction to do so. If the initial child support order was issued by a Florida court and one of the parties still resides in Florida, then Florida has continuing jurisdiction to entertain a petition to modify child support. If another state issued the original child support order, Florida can only entertain a petition for modification if both parents and the child(ren) no longer live in the state that originally ordered or last modified the child support and the child(ren) now resides in Florida. All Life Legal, P.A. can help you determine whether seeking a child support modification is appropriate in your case. Contact us today for a free 30 minute consultation.

Timesharing (Child Custody and Visitation)

If the parents of a child cannot agree on a time-sharing plan of the children, a court will decide the issue for them. Sometimes this may require a court ordered third-party assessment of the child (or children) and the parents. The key words for child custody and visitation is “best interest of the child.” Because the State of Florida wants to encourage equal parenting time, the courts will start off with a 50/50 split of time with the child and will adjust the parenting time share plan as it considers what is in the best interest of the child.

In most cases, child custody and visitation is determined as part of a marital dissolution action. But, this may not be the circumstance where the parents have never married and one party is seeking to obtain a court ordered arrangement. All Life Legal, P.A. can help you seek your rights as a parent for access to your child. Contact us today for a free 30 minute consultation.

Modification of Timesharing (Child Custody and Visitation)
Modifying a timesharing arrangement requires that the parent seeking a change to show that a substantial change in circumstance has occurred since the original order on timesharing was entered and such modification is in the best interest of the child. Parents fighting between themselves is not enough of a substantial change, nor is not paying child support. A parent not exercising their timesharing on a regular basis, undertaking behaviors that could be harmful to the child (such as excessive drinking or drug use while with the child), mental health issues, or physical or emotionally abusive behaviors against the child or other parent may be a substantial change. The jurisdictional issues that apply to modification of child support also apply to modification of timesharing. All Life Legal, P.A. is here to help you determine whether the changed circumstances are substantial enough to warrant a petition to the court for a modification. Contact All Life Legal, P.A. today for your free 30 minute consultation.

Paternity

Paternity is an action taken by a parent who wants to establish the parenting rights of the father. These rights include joint decision-making for major decisions regarding the child, timesharing with the child and payment of child support. Having paternity determined early on in a child’s life is best, even if both parties get along and may even be living together. It protects the father’s rights and prevents a child being moved out of state without the father’s or court’s permission. If a father of a child is paying support to the mother without an order, it is important to document such payments through canceled checks, copies of money orders, or signed receipts by the party receiving the support in cash. Since a court can retroactively award support, this documentation will provide credit against arrearages due to such retroactivity. If you are ready to assert your rights as the father of your child born out of wedlock, or you are wanting to legally establish the paternity of your child, contact All Life Legal, P.A. today for a free 30 minute consultation.

Pre and Post Nuptial Agreements

Marriage is more than an emotional, legal or physical union, it is a union of your assets, the building of joint net worth and a family. One or more parties may want to protect valuable assets they bring into a marriage for various reasons, and plan for life and death events that can occur during the marriage. Pre and post nuptial agreements come with many technical requirements, if not met, could leave the parties with an unenforceable document and unanticipated legal costs. All Life Legal, P.A. can help the parties with meeting all those technicalities in a careful crafting and execution of a pre or post nuptial agreement that meets your objectives. Contact All Life Legal, P.A. today for your free 30 minute Pre and Post Nuptial Agreements consultation.

Domestic Partnership Agreements

For domestic partners who are not or cannot marry, Advance Directives can provide the necessary means to maintain the important and active role in your partners life. All Life Legal, P.A. is committed to helping you with Domestic Partnership Agreements.

Spousal Support (Alimony)

Spousal support, more commonly known as alimony, is not necessarily paid because one spouse makes more than the other spouse. The most common myth is that one spouse is entitled to alimony to the extent that it evens the party’s incomes upon dissolution. The reality is that the spouse requesting alimony must show first, that they have an unmet need that is not covered by their current income AND second, that the spouse who would pay has the ability (or excess income after meeting their own need) to cover the requesting spouse’s unmet need. Additionally, other factors are taken into consideration to further determine the need, type and duration of alimony. Generally, alimony paid is a reduction to the taxable income of the paying spouse and an increase in taxable income to the receiving spouse. Alimony also impacts the child support calculations, so alimony is generally determined before child support is calculated.

Alimony can also be requested during the pendency of the litigation or unconnected to dissolution of marriage, such as where two parties may be living separately. Alimony may or may not be modifiable depending on the circumstances that established the alimony and the reasons one is seeking to modify it.

Contact All Life Legal today for a FREE NO Obligation 30 minute consultation at 1-813-671-4300!


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